Standing, ripeness and mootness Bar Exam Flashcards - Medical Study Cards
Master Standing, ripeness and mootness with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Standing, ripeness and mootness Flashcard Deck - 10 Cards
Flashcard 1: When may a federal court issue an advisory opinion?
Answer: It may not issue an advisory opinion because Article III requires a concrete case or controversy; there must be an actual dispute and a decision that can provide effective relief.
Flashcard 2: What is the Ex parte Young exception to state sovereign immunity?
Answer: A plaintiff may generally sue a state officer in federal court for prospective injunctive relief to stop an ongoing violation of federal law, but not for retroactive monetary relief from the state treasury.
Flashcard 3: What is the constitutional basis for judicial review of legislative and executive action?
Answer: Under Marbury v. Madison, federal courts have authority to interpret the Constitution and invalidate government action that conflicts with it.
Flashcard 4: What is the general rule for state sovereign immunity in federal court?
Answer: The Eleventh Amendment and sovereign-immunity principles generally bar suits against a state by its own citizens or citizens of another state without the state’s consent or a valid congressional abrogation under an appropriate constitutional power.
Flashcard 5: What is the rule for federal-question jurisdiction under Article III and federal statute?
Answer: Article III permits jurisdiction over cases arising under federal law, but the well-pleaded complaint rule generally requires the federal issue to appear on the face of the plaintiff’s properly pleaded complaint; a federal defense is insufficient.
Flashcard 6: What is the effect of mootness, and what exceptions can preserve a case?
Answer: A case becomes moot when events eliminate the parties’ concrete stake or the court can no longer grant effective relief, requiring dismissal unless an exception applies, such as a wrong capable of repetition yet evading review, voluntary cessation, or a certified class action with a live class claim.
Flashcard 7: What is the political-question doctrine?
Answer: A claim is nonjusticiable when the Constitution textually commits the issue to another branch, or when there is a lack of judicially manageable standards, an unusual need to adhere to a prior political decision, or another Baker v. Carr factor making judicial resolution inappropriate.
Flashcard 8: What is the constitutional source and scope of federal judicial power?
Answer: Article III extends federal judicial power to cases arising under the Constitution, federal laws, and treaties; admiralty and maritime cases; controversies involving the United States; specified controversies between states or other listed parties; and cases affecting ambassadors and consuls.
Flashcard 9: What limits Congress’s power to restrict or strip federal-court jurisdiction?
Answer: Congress may make exceptions to the Supreme Court’s appellate jurisdiction and regulate lower federal-court jurisdiction, but it may not use jurisdiction stripping to require courts to violate constitutional rights or to eliminate every adequate judicial forum for a constitutional claim.
Flashcard 10: What is the case-or-controversy requirement?
Answer: Federal courts may decide only a live dispute involving adverse parties with a legally cognizable interest, rather than issue advisory opinions or decide abstract political questions.
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